Maintenance Act, 1998 (Act No. 99 of 1998)

Regulations Relating to Maintenance

Chapter 3 : Civil Execution

17. Warrant of execution

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1)A warrant of execution, contemplated in section 27 of the Act, shall—
a)substantially correspond with Form L of the Annexure; and
b)be prepared in triplicate.

 

2)The person in whose favour the order was made shall prepare Part A of Form L of the Annexure and thereafter lodge the said form, with the clerk of the maintenance court concerned.

 

3)On receipt of the warrant of execution referred to in subregulation (2) the clerk of the maintenance court shall issue the warrant of execution if he or she is satisfied that—
a)authorisation for the issuing of a warrant of execution was granted; and
b)the warrant of execution has been properly prepared, by preparing Part B of Form L of the Annexure.

 

4)The clerk of the maintenance court shall after the warrant of execution has been issued—
a)return the original warrant of execution and one copy thereof to the person in whose favour the order was made; and
b)file the second copy of the warrant of execution in the relevant file.

 

5)Any change on the warrant of execution shall be initialled by the clerk of the maintenance court.

 

6)The person authorised to execute a warrant of execution shall complete Part C and, if applicable, Part D of Form L of the Annexure and return the form to the clerk of the maintenance court.